Not surprisingly, SAP’s expert (Stephen Clarke) has come up with a lost profits estimate of $28 Million, with an “M,” again based on what they would have negotiated in a hypothetical license for the software in question.

Fortunately, the difference in the two estimates is not related to valuation theory, or approach, as that would not be a net positive for the industry. Rather the difference relates to what is counted … actual lost accounts which can be directly attributable to the copyright infringement, or an estimate of lost profits from all potentially impacted parties.